How to Prove Indian Nationality

Introduction

In today’s times, establishing nationality along with requisite proof has become one of the most important steps in many administrative and legal procedures in India. Right from obtaining a driving license to applying for a passport, it is essential to provide proof of citizenship for every major process in India. India recognizes various forms and methods of obtaining citizenship such as by birth, naturalization, descent etc., as enshrined in the Citizenship Act of 1955. However, the key question now lies in the fact of how can one prove their citizenship. This question is being echoed in a new debate that has been triggered by the recent voter list update that is being undertaken in Bihar in preparation for the elections.

This question is being echoed in a new discussion that has been triggered by the recent voter list update that is being undertaken in Bihar in preparation for the elections. Many individuals believe that a PAN card, voter ID, or Aadhaar are sufficient proof of Indian citizenship, but reality is more complex. This has led to increased confusion over acceptable proofs. The government has often made it clear that the Aadhar card, one of India's most significant and fundamental identity papers, is not a proof of citizenship. Then if not these documents, what other documents can be used to prove Indian citizenship? Continue reading this article to find out.

Aadhar Card as a proof of Nationality?

The judiciary on multiple instances has highlighted the fact that the Aadhar card cannot act as a proof of Indian citizenship and in fact, many non-nationals in India hold this identity card. The five-judge bench in the case of K.S. Puttaswamy v. Union of India, highlighted the main objectives of initiating such an identity card which was only to serve as a unique proof of identity through which beneficiaries of various benefits could be identified. In fact, Section 9 of the ‘The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016’ itself mentions the fact that the Aadhar cannot act as proof of domicile or citizenship. However, it is key to note that, something that has already been settled has come into question once more in an ongoing Supreme Court case of Association for Democratic Reforms and Ors. v. Election Commission of India (2025).

In June 2024, the Election Commission of India (ECI), ahead of the Bihar elections, ordered for a ‘Special Intensive Revision’ (SIR) of the Bihar electoral rolls, to be conducted with immediate effect. This is one of the first instances where the ECI has ordered for such a huge exercise. As per this exercise, all voters, specifically those who were enrolled in the voters list post 2003, will have to prove their citizenship. The catch here lies in the fact that citizenship can be proved using only eleven specific documents.

These eleven documents, that can be used as proof of nationality as per the SIR in Bihar, are as follows:

1. Passport
2. Birth Certificate
3. Forest Rights certificate
4. Permanent Residence (domicile) certificate from a district magistrate or a parallel authority
5. Caste certificate (OBC/ST/SC) as issued by a competent authority
6. Senior secondary or higher education certificate/marksheet from a recognized institution or board
7. Pension order issued by the government
8. Land allotment or house allotment certificate issued by a government body
9. PSU identity or government documents that are dated prior to 1987
10. NRC document (if applicable)
11. Family register than has been issued by a local body

Some of the notable documents that were excluded from this list are voter ID cards, Aadhar cards, ration cards, driver’s license, PAN cards etc. A PAN card is issued by the Income Tax Department for tracking transactions, income, and tax payability. It is interesting to note that even a few foreign nationals own a PAN card based on a valid visa, hence it cannot act as proof of nationality. Ration cards as well are welfare cards issued under the Public Distribution System for giving subsidized essentials and cannot act as a valid proof of nationality. Driver’s license is again issued based on ‘residency’ of the individual rather than citizenship.

More than half of Bihar’s population are now required to show verification. Several concerns have emerged regarding this SIR exercise including the constitutionality of this exercise, the powers of the ECI to conduct such an exercise and, most importantly, the list of eleven documents and the timeline given to prove citizenship. The Supreme Court questioned the ECI as to why the Adhar Card has not been included in the list of documents, however the ECI has remained firm in its stance. The case is still ongoing, and updates must be awaited as they emerge.

Documents used to prove Indian Nationality

It is clear from the recent events and debates that there is no one single document that can act as a conclusive proof of Indian citizenship or nationality. However, based on accepted norms and processes, the following list of documents can be accepted as proofs in certain circumstances, across India.

Nationality Certificate:

In some situations, a court, Home Ministry or the State Government will issue this certificate, which unequivocally certifies that the individual is an Indian citizen. Nationality certificates are only granted in certain, restricted circumstances in India. There is no official data on their issuance because they are so infrequently given. When someone lacks other legitimate documentation, such as a passport or naturalization certificate, and needs to demonstrate citizenship in order to be admitted to a government position, an educational institution under a reservation quota, or during a judicial proceeding, a nationality certificate may be necessary. It may also be required for establishing citizenship for people born in India to foreign parents.

The following documents are required while applying for a nationality certificate:

• Birth certificate
• Citizenship proof of parents, such as passport
• School pass certificate/ marksheet
• Proof of residence such as Aadhar card

Birth Certificate:

A birth certificate is an important document that records the birth of a person including details like place of birth, date and time of birth, name of parents, gender etc. Although it is not in itself a proof of citizenship, it can act as a corroboratory proof, especially if parents are also Indian citizens and the requirements under the Citizenship Act of 1955 are fulfilled.

Naturalisation Certificate:

A Naturalisation Certificate is granted by the Home Ministry of the Indian government to those individuals who have obtained citizenship by naturalisation under the Citizenship Act of 1955, specifically Section 6. This provision governs the citizenship criteria of foreign nationals who are not illegal migrants and who have fulfilled the other criteria and requisites under this provision.

Indian Passport:

The Indian Passport is one of the most comprehensive documents that serves as a proof of citizenship in India. This is issued by the Ministry of External Affairs exclusively to citizens of India and has recognition internationally.

Conclusion

Recent debates and events have made it very evident that obtaining and proving citizenship in India calls for a well-defined process that strikes a balance between administrative and legal factors. Given the intricate nature of India’s citizenship regulations and their substantial sociopolitical repercussions, a strong framework that guarantees equity and openness is needed. In addition to taking into consideration the existing legal system, a thorough, standardized procedure for confirming citizenship must also be considerate of the sociocultural dynamics and vulnerabilities of underprivileged groups.

In the end, proving citizenship must be an inclusive procedure that applies the law uniformly and openly to guarantee that no citizen is unfairly denied their rights or excluded. Although concerning, the latest issues offer a chance to review and modify the citizenship verification procedure in order to better conform to democratic values and human rights standards.